Laws governing the use of electronic communications devices in the United States are common with the ubiquitous proliferation of cell phones and are largely regulated by individual states. Below is a list of the laws by state.

It should be noted that many states that enforce mobile electronic prohibitions while driving specifically exempt amateur radios from these laws but do not exempt GMRS.

The ARRL has created a policy statement regarding mobile amateur radio operations with the proliferation of laws restricting the use of personal electronic communications devices.

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Alabama Code Title 32. Motor Vehicles and Traffic § 32-5A-350

Current as of December 30, 2022

(a) For purposes of this article, the following words have the following meanings:

(1) Wireless telecommunication device. A handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other similar wireless device that is readily removable from a vehicle and is used to write, send, or read text or data through manual input. The term “wireless telecommunication device” does not include a device which is voice-operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.

(2) Write, send, or read a text-based communication. Using a wireless telecommunication device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. The term does not include reading, selecting, or entering a telephone number or name in a cell or wireless telephone or communication device for the purpose of making a telephone call.

(b) A person may not operate a motor vehicle on a public road, street, or highway in Alabama while using a wireless telecommunication device to write, send, or read a text-based communication.

© A person who violates subsection (b) is subject to fines as follows:

(1) Twenty-five dollars ($25) for a first violation.

(2) Fifty dollars ($50) for a second violation.

(3) Seventy-five dollars ($75) for a third or subsequent violation.

(d) Law enforcement officers enforcing this section may treat a violation of this section as the primary or sole reason for issuing a citation to a driver.

(e) The following uses of wireless communication devices shall not be subject to the restrictions in this section:

(1) An individual using a wireless communication device to obtain emergency services including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(2) An individual using a wireless communication device while the motor vehicle is parked on the shoulder of the highway, road, or street.

(3) An individual using a wireless communication device as a global positioning or navigation system to receive driving directions which has been pre-programmed with the desired coordinates. The programming of coordinates while operating a vehicle remains a violation of this section.

Opinion: Legal, if using a radio that is not readily removable from the vehicle. For example, a mobile radio that has been installed into the vehicle as to be attached is legal. A handheld radio (handie-talkie) would not be legal.

Alaska Statutes Title 28. Motor Vehicles § 28.35.161. Use of electronic devices while driving; unlawful installation of television, monitor, or similar device Current as of January 01, 2022.

(a) A person commits the crime of driving while texting, while communicating on a computer, or while a screen device is operating if the person is driving a motor vehicle, and

(1) the vehicle has a television, video monitor, portable computer, or any other similar means capable of providing a visual display that is in full view of a driver in a normal driving position while the vehicle is in motion, and the monitor or visual display is operating while the person is driving; or

(2) the person is reading or typing a text message or other nonvoice message or communication on a cellular telephone, personal data assistant, computer, or any other similar means capable of providing a visual display that is in the view of the driver in a normal driving position while the vehicle is in motion and while the person is driving.

(b) A person may not install or alter equipment described in (a) of this section that allows the images to be viewed by the driver in a normal driving position while the vehicle is in motion.

© Subsections (a) and (b) of this section do not apply to

(1) portable cellular telephones or personal data assistants being used for voice communication or displaying caller identification information;

(2) equipment that is displaying only

(A) audio equipment information, functions, and controls;

(B) vehicle information or controls related to speed, fuel level, battery charge, and other vehicle safety or equipment information;

(C) navigation or global positioning;

(D) maps;

(E) visual information to

(i) enhance or supplement the driver's view forward, behind, or to the sides of the motor vehicle for the purpose of maneuvering the vehicle; or

(ii) allow the driver to monitor vehicle occupants seated behind the driver;

(F) vehicle dispatching and response information for motor vehicles providing emergency road service or roadside assistance;

(G) vehicle dispatching information for passenger transport or freight or package delivery;

(H) information for use in performing highway construction, maintenance, or repair or data acquisition by the Department of Transportation and Public Facilities or a municipality; or

(I) information for use in performing utility construction, maintenance, repair, or data acquisition by a public utility; in this subparagraph, “public utility” has the meaning given in AS 42.05.990.

(d) Subsections (a) and (b) of this section do not apply to devices and equipment installed in an emergency vehicle, whether removable or permanently installed, or to the viewing of authorized screen devices by police, fire, or emergency medical service personnel if the user of the equipment or device reasonably believes the information on the device is necessary to respond to a health, safety, or criminal matter. In this subsection, “emergency vehicle” means a police, fire, or emergency medical service vehicle.

(e) It is an affirmative defense to a prosecution under (b) of this section that the equipment installed or altered includes a device that, when the motor vehicle is being driven, disables the equipment for all uses except those described in © of this section.

(f) A person who violates (a) of this section is guilty of

(1) a violation and shall be punished as provided in AS 12.55, unless any of the circumstances described in (2)–(4) of this subsection apply;

(2) a class C felony if the person's driving causes physical injury to another person;

(3) a class B felony if the person's driving causes serious physical injury to another person;

(4) a class A felony if the person's driving causes the death of another person.

(g) A person who violates (b) of this section is guilty of a class A misdemeanor.

Opinion: Operation of an amateur radio while operating a motor vehicle is permitted.

28-914. Use of portable wireless communication device while driving; prohibition; civil penalty; state preemption; definitions

A. Unless a motor vehicle is parked or stopped pursuant to section 28-645, subsection A, paragraph 3 or section 28-851, a person may not operate a motor vehicle on a street or highway if the person does either of the following:

1. Physically holds or supports with any part of the person's body either of the following:

(a) A portable wireless communication device, except that a person may use a portable wireless communication device with an earpiece, headphone device or device worn on a wrist to conduct a voice-based communication.

(b) A stand-alone electronic device.

2. Writes, sends or reads any text-based communication, including a text message, instant message, email or internet data, on a portable wireless communication device or stand-alone electronic device. This paragraph does not apply to either of the following:

(a) The use of voice-based communications, including through the use of a portable wireless communication device or stand-alone electronic device, to direct the writing, sending, reading or other communicating of any text-based communication.

(b) The use of a portable wireless communication device or stand-alone device when used in a hands-free manner for:

(i) Navigation of the motor vehicle.

(ii) Use of a global positioning system.

(iii) Obtaining motor vehicle information or information related to driving a motor vehicle.

B. This section does not prohibit the operation of a motor vehicle while using a device, including a device that is accessible through an interface that is embedded in a motor vehicle, that allows communication without the use of either of the driver's hands, except to activate or deactivate a function of the device.

C. This section does not apply to:

1. An operator of an authorized emergency, law enforcement or probation vehicle who uses a portable wireless communication device while acting in an official capacity.

2. An operator who is licensed by the federal communications commission while operating a radio frequency device other than a portable wireless communication device.

3. An operator who uses a two-way radio or private land mobile radio system, within the meaning of 47 Code of Federal Regulations part 90, while in the performance and scope of the operator's work-related duties and who is operating a fleet vehicle or who possesses a commercial driver license.

4. An operator who uses a portable wireless communication device either:

(a) To report illegal activity or summon emergency help.

(b) That was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator's occupational duties between the operator and either:

(i) A dispatcher.

(ii) A digital network or software application service.

D. Beginning January 1, 2021, a person who violates this section is subject to a civil penalty as follows:

1. At least $75 but not more than $149 for a first violation.

2. At least $150 but not more than $250 for a second or subsequent violation.

E. The department shall post a sign at each point at which an interstate highway or United States highway enters into this state that informs an operator that both:

1. The use of a portable wireless communication device while operating a motor vehicle is prohibited in this state.

2. The operator is subject to a civil penalty if the operator uses a portable wireless communication device in violation of this section while operating a motor vehicle in this state.

F. A peace officer who stops a motor vehicle for an alleged violation of this section may not:

1. Take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law.

2. Issue a citation for a violation of this section before January 1, 2021 and may issue only a warning beginning on April 22, 2019 through December 31, 2020.

G. Except as provided in section 28-3312, a department or agency of this state may not consider a violation of this section for the purpose of determining whether the person's driver license should be suspended or revoked.

H. The regulation and use of portable wireless communication devices while operating a motor vehicle are of statewide concern. From and after December 31, 2020, the regulation of portable wireless communication devices pursuant to this section and their use while operating a motor vehicle is not subject to further regulation by a county, city, town or other political subdivision of this state. From and after December 31, 2020, a regulation by a county, city, town or other political subdivision that violates this subsection, whether enacted before or after January 1, 2021, is void.

I. For the purposes of this section:

1. “Portable wireless communication device”:

(a) Means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver or a substantially similar portable wireless device that is used to initiate or receive communication, information or data.

(b) Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device or in-vehicle security, navigation or remote diagnostics system.

2. “Stand-alone electronic device” means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user.

Opinion: Legal. Use of a mobile radio is permitted. Use of a portable (handi-talkie) is prohibited unless reporting an emergency.

2010 Arkansas Code Title 27 - Transportation Subtitle 4 - Motor Vehicular Traffic Chapter 51 - Operation Of Vehicles – Rules Of The Road Subchapter 15 - Paul's Law: To Prohibit Drivers of Motor Vehicles from Using Handheld Wireless Telephones to Engage in Text Messaging § 27-51-1504 - Use of a handheld wireless telephone when driving. 27-51-1504. Use of a handheld wireless telephone when driving.

(a) Except as provided in subsection (b) of this section, a driver of a motor vehicle shall not use a handheld wireless telephone for wireless interactive communication while operating a motor vehicle.

(b) (1) A driver of a motor vehicle may use a handheld wireless telephone for wireless interactive communication in emergencies.

(2) A person is exempt from the requirements of subsection (a) of this section if performing his or her official duties as a:

(A) Certified law enforcement officer;

(B) Firefighter;

(C) Ambulance driver; or

(D) Emergency medical technician.

23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

© A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

(d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

(f) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager.

Opinion: Unclear. It is technically illegal, based on the language of the code, to use an amateur radio while operating a motor vehicle. Some government officials and law enforcement agencies have taken the stance that using a wired microphone is permissible, but operation with a handheld (handi-talkie) is not.

PA 12-67-SB 61

Public Safety and Security Committee Transportation Committee Energy and Technology Committee

AN ACT EXEMPTING AMATEUR RADIO OPERATORS USING HAND-HELD RADIOS FROM THE PROHIBITION ON USING HAND-HELD MOBILE TELEPHONES AND MOBILE ELECTRONIC DEVICES WHILE DRIVING

SUMMARY: This act exempts the use of a hand-held radio by anyone issued a Federal Communications Commission amateur radio station license (ham operator) from the ban on using hand-held cell phones or mobile electronic devices while driving on a highway. It allows ham operators to use the devices without the limitations that apply to other exempt or authorized users under existing law.

Under existing law, the following are exempt from the ban while performing their official duties: (1) peace officers, firefighters, and ambulance or authorized emergency vehicle drivers and (2) armed forces members operating a military vehicle. Also, drivers, including school bus drivers, may use a hand-held cell phone to communicate about an emergency with an emergency response operator, hospital, health clinic or physician's office, ambulance company, or fire or police department. And school bus drivers may also use the phones or devices to place emergency calls to school officials.

EFFECTIVE DATE: October 1, 2012

BACKGROUND

Mobile Electronic Device

The law defines a “mobile electronic device” as any hand-held or portable electronic equipment capable of providing data communication between two or more people. It includes text messaging or paging devices, personal digital assistants, laptop computers, video game equipment, digital video disk players, and equipment that takes or transmits digital photographs. It does not include audio equipment or equipment installed in the vehicle to provide (1) navigation, emergency, or other aid to the driver or (2) video entertainment to rear-seat passengers.

Opinion: Legal. Amateur radio use while operating a motor vehicle is permitted.

IC 35-44-3-12 Unlawful use of a police radio; exemptions; “police radio” defined

Sec. 12. (a) A person who knowingly or intentionally:

(1) possesses a police radio;

(2) transmits over a frequency assigned for police emergency purposes; or

(3) possesses or uses a police radio:

(A) while committing a crime;

(B) to further the commission of a crime; or

(C) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor.

(b) Subsection (a)(1) and (a)(2) do not apply to:

(1) a governmental entity;

(2) a regularly employed law enforcement officer;

(3) a common carrier of persons for hire whose vehicles are used in emergency service;

(4) a public service or utility company whose vehicles are used in emergency service;

(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio;

(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes;

(7) a person who uses a police radio only in the person's dwelling or place of business;

(8) a person:

(A) who is regularly engaged in newsgathering activities;

(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and

(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located;

(9) a person engaged in the business of manufacturing or selling police radios; or

(10) a person who possesses or uses a police radio during the normal course of the person's lawful business.

© As used in this section, “police radio” means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that:

(1) can be installed, maintained, or operated in a vehicle; or

(2) can be operated while it is being carried by an individual. The term does not include a radio designed for use only in a dwelling.

Opinion: Legal. Amateur radio operators holding a valid FCC license are exempted from the restrictions. GMRS licensees are not mentioned and therefore not exempted.